What Is An Educational Record According to FERPA

What is FERPA?

FERPA, which stands for the Family Educational Rights and Privacy Act, is a federal law in the United States that protects the privacy of students’ educational records. It was enacted in 1974 and applies to all schools that receive funding from the U.S. Department of Education. The primary goal of FERPA is to give students and their parents or guardians certain rights regarding the privacy of their educational information.

FERPA gives students the right to control and access their educational records while also ensuring that their personal information is kept confidential. These records encompass any document, file, or piece of information that directly relates to a student and is maintained by an educational institution. It is important to note that FERPA applies to students who are at least 18 years old or who attend a post-secondary institution. For students under 18, the rights generally transfer to the parents or guardians.

The main purpose of FERPA is to strike a balance between protecting students’ privacy rights and allowing for the necessary sharing of information between educational institutions and authorized individuals. Under FERPA, educational institutions must have written consent from students before disclosing their educational records to anyone other than the student. However, there are certain exceptions to this rule, which will be discussed in further detail later in this article.

FERPA also requires educational institutions to provide students with the opportunity to review their educational records and request corrections if necessary. This provision ensures that students have the ability to verify the accuracy of their records and address any discrepancies. By doing so, FERPA empowers students to take control of their educational information and safeguard their privacy.

What is an educational record?

An educational record, as defined by FERPA, refers to any document, file, or piece of information that is directly related to a student and maintained by an educational institution. These records can exist in various formats, including paper documents, digital files, emails, and even video/audio recordings.

It is essential to note that not all records held by educational institutions are considered educational records under FERPA. To be classified as an educational record, the information must meet two key criteria:

1. Directly related to the student: The information in the record must be specifically about the student and not be of a generic or general nature. For example, class assignments, grades, disciplinary records, transcripts, and financial aid information are all considered directly related to the student and fall under the scope of FERPA.
2. Maintained by the educational institution: The record must be kept by the school or educational institution, either directly or through a contracted party. This includes records stored in physical file cabinets, student information systems, online platforms, or cloud storage.

Examples of common educational records covered by FERPA include academic transcripts, enrollment and attendance records, disciplinary records, financial aid information, and any records related to special education and services received by the student.

It is important to remember that the definition of an educational record is quite broad under FERPA. It includes not only official school documents but also any information that is used or maintained by educational institutions as part of their educational programs, administrative functions, or support services.

However, FERPA does not cover records created or maintained by law enforcement units within an educational institution, such as campus police or security personnel. These records are exempt from FERPA and are governed by other applicable laws and regulations.

Types of educational records covered by FERPA

FERPA offers protection for various types of educational records that contain personally identifiable information about students. These records are vital in documenting a student’s academic progress, enrollment status, and other relevant information. Here are some of the key types of educational records that fall under the purview of FERPA:

1. Academic transcripts: These records provide a comprehensive overview of a student’s academic performance, including courses taken, grades received, and credits earned. Academic transcripts are essential for college admissions, job applications, and scholarship opportunities.
2. Enrollment and attendance records: These records document a student’s enrollment status, such as dates of enrollment, attendance dates, and the number of instructional hours. They also include demographic information, such as the student’s name, address, and contact details.
3. Discipline records: These records contain information about any disciplinary actions taken against a student, such as suspensions, expulsions, or other disciplinary measures. They help track a student’s behavioral history within an educational institution.
4. Financial aid records: These records include information on financial aid applications, eligibility determinations, awards granted, and any other financial assistance received by the student.
5. Special education and services records: These records document any special education services, accommodations, or modifications provided to students with disabilities or special needs. They may include individualized education programs (IEPs), evaluations, assessments, and progress reports.
6. Graduation and degree records: These records certify a student’s completion of a degree or program, including the degree awarded, date of graduation, and any honors or distinctions received.
7. Student conduct records: These records track any conduct violations, grievances, or complaints filed against a student, as well as any actions or resolutions taken in response to these incidents.
8. Advising and counseling records: These records include any information related to academic advising, career counseling, and personal counseling services provided to students. They may include notes from counseling sessions, career assessments, or academic planning records.

It is important for educational institutions to handle these records with care and protect them from unauthorized access or disclosure to uphold students’ privacy rights as outlined in FERPA.

Information not considered to be an educational record

While FERPA covers a wide range of educational records, there are certain types of information that fall outside its scope. These include:

1. Sole possession records: Personal notes or records made by school staff that are kept in their sole possession and are not accessible or shared with others. These records are not considered educational records under FERPA.
2. Law enforcement unit records: Records created and maintained by a law enforcement unit that functions separately from the educational institution’s education programs. This includes records maintained by campus police or security personnel.
3. Medical and treatment records: Records that are created and maintained by a healthcare professional solely for the provision of treatment to the student. This includes records held by a school nurse or counselor.
4. Employment records: Records related to individuals who are employed by the educational institution and the records are not directly related to the individual’s status as a student.
5. Alumni records: Records that are created and maintained by the educational institution solely for alumni purposes, such as fundraising or outreach activities.

It is important to note that even though these types of records are not covered by FERPA, they may still be subject to other applicable laws or regulations, such as HIPAA (Health Insurance Portability and Accountability Act) for medical and treatment records or state privacy laws for employment records.

It is crucial for educational institutions to have clear policies and procedures in place to distinguish between educational records and other types of records to ensure compliance with applicable laws and protect individuals’ privacy rights.

What rights do students have under FERPA?

FERPA grants students certain rights regarding their educational records, empowering them to have control over their information and ensuring its privacy. The key rights that students have under FERPA include:

1. Access to educational records: Students have the right to review and inspect their educational records maintained by the educational institution within a reasonable timeframe. This includes requesting copies of their records, if desired. Institutions must provide access to records within 45 days of a written request.
2. Request for record amendments: If students believe that their educational records contain inaccurate or misleading information, they have the right to request the correction or amendment of those records. Institutions must consider such requests and take appropriate actions to address any errors or discrepancies.
3. Control over record disclosure: Students have the right to control the disclosure of their educational records to third parties. Institutions generally require written consent from the student before sharing their records with others, with exceptions as outlined by FERPA.
4. Opt-out of directory information: Educational institutions typically designate certain information as directory information, such as a student’s name, address, phone number, and email address. Students have the right to opt-out of the disclosure of their directory information to prevent its release without their consent.
5. File a complaint: If students believe that their rights under FERPA have been violated, they have the right to file a complaint with the U.S. Department of Education’s Family Policy Compliance Office. The Office handles FERPA-related complaints and conducts investigations to ensure compliance with the law.

These rights give students the ability to actively participate in managing their educational records and ensure the accuracy, privacy, and security of their information. By exercising these rights, students can play an active role in safeguarding their educational privacy while taking charge of their academic journey.

Who can access educational records under FERPA?

FERPA establishes guidelines regarding who can access a student’s educational records without the student’s consent. The law imposes restrictions on the disclosure of educational records and sets forth specific entities or individuals who are granted access to student records under certain circumstances. The following parties are typically allowed access to educational records under FERPA:

1. School officials with a legitimate educational interest:
School officials who have a legitimate educational interest in a student’s records are typically permitted access. This includes teachers, administrators, counselors, and other personnel directly involved in the student’s education. These individuals may need access to the records in order to carry out their professional duties and responsibilities.
2. Other schools or educational institutions:
Educational records may be shared with officials from other schools or educational institutions where the student seeks to enroll or transfer. This exchange of records helps ensure a smooth transition for the student and allows the receiving institution to appropriately place the student and provide necessary support.
3. Parents or legal guardians:
FERPA grants parents or legal guardians the right to access their child’s educational records until the student reaches the age of 18 or attends a post-secondary educational institution. At that point, the rights transfer to the student. However, there are exceptions or circumstances where parents or legal guardians may continue to access the educational records even when the student is of legal age.
4. Government agencies for auditing or evaluation purposes:
Educational records may be disclosed to government agencies, such as state departments of education or auditors, for auditing or evaluation purposes. These agencies may require access to ensure compliance, assess program effectiveness, or gather statistical data in an anonymized manner.
5. Individuals in response to a health or safety emergency:
In emergency situations where health or safety is at risk, educational records can be disclosed to appropriate individuals or authorities. This is done to protect students and others from harm and to facilitate necessary interventions or assistance.

It is important to note that in each of these cases, entities or individuals who have access to educational records are bound by FERPA regulations and required to maintain the confidentiality and security of the information. FERPA also prohibits the redisclosure of educational records without consent, except in specific instances outlined by the law.

Disclosing educational records without the student’s consent

While FERPA generally requires written consent from the student prior to disclosing their educational records to third parties, there are certain circumstances where disclosure may occur without the student’s consent. FERPA permits the disclosure of educational records without consent under the following conditions:

1. School officials with a legitimate educational interest:
Educational institutions may disclose student records to school officials who have a legitimate educational interest. These officials must have a specific need to review the records in order to fulfill their professional responsibilities within the institution. It is important to note that FERPA mandates that educational institutions determine and clearly define what constitutes a legitimate educational interest.
2. Other schools or educational institutions:
When a student seeks to enroll or transfer to another school or educational institution, the sending institution may disclose the student’s records to the receiving institution without consent. This allows the receiving institution to properly place the student and provide appropriate support.
3. Compliance with a judicial order or subpoena:
Educational records may be disclosed in response to a court order or a lawfully issued subpoena. However, it is important for educational institutions to make reasonable efforts to notify the student in advance of such disclosure, unless the order specifically prohibits such notification.
4. Health or safety emergencies:
In situations involving health or safety emergencies, educational institutions may disclose student records to appropriate individuals or authorities. This disclosure is made to protect the student and others from harm and to facilitate necessary interventions or assistance.
5. Directory information:
FERPA allows the release of directory information without consent, unless the student has explicitly chosen to opt-out of such disclosure. Directory information typically includes a student’s name, address, phone number, email address, date of birth, photograph, major field of study, dates of attendance, and participation in activities and sports.

It is important for educational institutions to ensure that any disclosure of educational records without consent is made in compliance with FERPA regulations and is done on a case-by-case basis and only when necessary. Institutions are responsible for maintaining the confidentiality, security, and integrity of the student’s information, even when disclosure without consent is permitted under FERPA.

What happens if an educational institution fails to comply with FERPA?

FERPA is enforced by the U.S. Department of Education’s Family Policy Compliance Office (FPCO). When an educational institution fails to comply with FERPA regulations, there can be consequences and potential actions taken by the FPCO. Here are some of the possible outcomes if an institution is found to be in violation of FERPA:

1. Investigation: If a complaint is filed or the FPCO becomes aware of a potential violation, it may initiate an investigation into the institution’s practices and procedures regarding educational records. The investigation aims to gather evidence and determine whether a violation has occurred.
2. Corrective action: If a violation is found, the FPCO can require the institution to take specific corrective actions to address the compliance issues. This may involve implementing new policies, improving record-keeping practices, conducting staff training, or other measures necessary to rectify the violation.
3. Withholding federal funding: In more serious instances of non-compliance, the FPCO has the authority to withhold federal funding from the educational institution until the institution takes necessary steps to come into compliance with FERPA requirements.
4. Public notification: In certain circumstances, the FPCO may require the institution to publicly disclose the violation and the corrective actions taken. This serves to notify students, parents, and the community about the institution’s commitment to protecting student privacy rights.
5. Legal action: In extreme cases where an institution repeatedly and willfully violates FERPA or fails to comply with the FPCO’s corrective actions, legal action may be pursued. This can result in civil lawsuits initiated by the U.S. Department of Education or other appropriate legal authorities.

It is important for educational institutions to prioritize compliance with FERPA to avoid these potential consequences. By establishing and following appropriate policies, providing staff training, and maintaining a strong commitment to student privacy, institutions can ensure that they comply with FERPA regulations and protect the confidentiality and security of educational records.

How can students protect their educational records?

While educational institutions have the responsibility to comply with FERPA and safeguard students’ educational records, students themselves can take proactive steps to protect their own privacy. Here are some ways in which students can protect their educational records:

1. Understand your rights: Students should familiarize themselves with their rights under FERPA. Knowing what information is considered an educational record and understanding how it can be disclosed will empower students to advocate for their privacy.
2. Review your records: Regularly review your educational records to ensure their accuracy and completeness. If you notice any discrepancies, promptly report them to the appropriate school official for correction.
3. Be cautious with personal information: Be mindful of sharing personal information, both online and offline. Avoid sharing sensitive details such as your Social Security number or financial information unless essential or required by trusted entities.
4. Opt-out of directory information: Take advantage of your right to opt-out of the disclosure of directory information. By doing so, you can prevent the release of personal data without your explicit consent.
5. Safeguard login credentials: Keep your login credentials, such as usernames and passwords, confidential and secure. Avoid sharing them with others and choose strong, unique passwords for better protection.
6. Encrypt and secure devices: If you store educational records on personal devices, ensure they are encrypted and password-protected. Regularly update security software and avoid connecting to unsecured networks.
7. Monitor online presence: Regularly review your online presence and privacy settings on social media platforms. Limit the information you share publicly and be cautious about accepting friend requests or connections from unknown individuals.
8. Report concerns or violations: If you believe your educational privacy rights have been violated or notice any suspicious activity related to your records, report it to the appropriate school official or file a complaint with the Family Policy Compliance Office.

By taking proactive measures and staying informed, students can play an active role in protecting the privacy and security of their educational records. Remember, your education is yours, and safeguarding your records is an important step in ensuring your academic success and personal privacy.